The Court of Appeal reduced Charles Hutchinson’s sentence for manslaughter from seven years to five years, suspending the final 12 months for two years after his release. The court said the sentencing judge had made an error of principle by increasing the sentence too far to reflect a previous assault conviction. The revised net custodial term is four years, down from six.
Hutchinson had pleaded guilty and was convicted at Dundalk Circuit Criminal Court on 22 November 2015. He appealed the sentence imposed on 8 February 2016: seven years’ imprisonment, with the final year suspended subject to conditions for two years after release.
The manslaughter arose from an assault at Fagans Public House in Dundalk on 28 February 2014. The judgment says the victim, Lawrence Michael McGeown, died on 6 March from injuries resulting from a single punch to the right side of his head. An eyewitness described the punch as not being of particular force. The court also noted medical evidence that McGeown had health issues.
McGeown was examined at hospitals in Dundalk and Drogheda about six hours after the assault, then went home. He went to work and socialised in Dundalk on 1 and 2 March. He was found unconscious at home on 3 March and died about three days later without regaining consciousness.
The appeal challenged the sentence as disproportionate, disputed the sentencing judge’s consideration of the absence of an apology, and argued that the judge had undervalued Hutchinson’s admissions and mitigation relating to alcoholism and family circumstances.
The Court of Appeal agreed that, without the 2010 conviction for a section 3 assault, a sentence between three and five years was appropriate. It treated that assault conviction as a proper aggravating factor, but said the increase to a seven-year headline sentence was excessive. The conviction had resulted in a three-year sentence that was entirely suspended; the court also noted that Hutchinson had no further conviction for violent offending during the intervening years.
Taking four years as the appropriate starting headline sentence, the court added 12 months for the prior assault, setting the revised headline term at five years. It said testimonials and certificates showed significant efforts by Hutchinson to improve his skills, education, training and social awareness. In recognition of ongoing rehabilitation, it suspended the final 12 months for two years after release. The judgment does not state separate appellate findings on each of the other appeal grounds.